Parole Board – review of procedures

The decision by the Parole Board to release the London Cab Driver John Warboys – who had been convicted of raping a number of his customers – has generated a great deal of publicity. Many of the challenges in that case arose from the fact that Warboys had been sentenced to an Indeterminate Sentence, which meant that he could continue to be detained after the period set by the judge as punishment for his crime, where it was anticipated that his release would be a danger to the public. (The law relating to such sentences was changed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.)

The Government has now announced that there is to be a review of the practices and procedures of the Parole Board. This is to include a review of how the work of the Board impacts on the victims of the crimes committed by those the Board is considering for release.

The terms of the reference are as follows:

This review will consider the case for changes in law, policy and procedure in relation to Parole Board decision-making. It will include an examination of the transparency of the process and reasons for parole decisions, and how victims are appropriately engaged in that process. It will take account of the interests of justice, public confidence in the system and the impact on victims. The review will draw on the views and experience of victims, practitioners and international best practice.

The review will focus on the following areas:

1. The law, policy, guidance and practice relating to challenges to Parole Board decision making, specifically whether there should be a mechanism to allow parole decisions to be reconsidered.

2. The transparency of Parole Board decision making, including:

whether the outcomes of Parole Board decisions should be published or otherwise

disclosed;

whether the reasons for those decisions should be published, and if so to what extent; and

whether there are any other changes that should be made in order to contribute to greater transparency.

3. Victim involvement in Parole Board hearings:

to review the relevant entitlements outlined in the Victims’ Code to determine whether improvements should be made to how victims are currently involved in and contribute to Parole Board hearings;

what improvements should be made to how their involvement is facilitated.

4. Arrangements for communicating with victims:

to review whether the current entitlements for victims who qualify under the Domestic Violence, Crime and Victims Act 2004 for the Victim Contact Scheme are adequate, including in relation to Victim Personal Statements and licence conditions;

to review whether improvements can be made to the way that the scheme operates in practice, in particular the process by which victims are notified of their entitlements and of decisions; whilst respecting the victim’s preference for how they are contacted;

to consider the question of ongoing contact with victims who are eligible for the Victim Contact Scheme but have previously opted out; and

whether there need to be new entitlements or procedures for victims not covered by the statutory scheme.

Interestingly in its own Press Release, the Parole Board observes: “Justice needs to be seen to be done and the Canadian model for victim contact could provide a good starting point.”

As far as I am aware, decisions have not yet been taken as to who should lead this review, nor the time line for the completion of the review. I will endeavour to keep you posted on such developments.